HomeMy WebLinkAboutLETTER OF QUALIFICATIONe .. ...
Rick Scott.
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oOPa<< ®� Florida .Department -of Governor
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. k° -,C nViro M ntat..Pr.otectiOn Carlos Lopez-Cantera .
. Lt: Governor
SOUTHEAST DISTRICT -OFFICE
3301 GUN. CLUB- ROAD MSC 7210-=1
Noah Yalenstein
WEST -PALM BEACH, FL 33406.. :Secretary:
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0.@4ta► p�° 561-68.1=6.600.
.William Governale
.. 120 Queen Bess Court .
.. ....
Fort Pierce, FL 34949
Sent via a -mail to: billg_(a�titanmechanical:org
... .... ... ... ... ... ... ...
Re: File No;;-56-01.80468-004=EE
-File Name: Governale
Dear Mr. Govemale:. :
On- January 26, 2018,..we. received yourapplication for- an. exemption to -replace - anew -_boat lift
within -the same location as existing boat lift. -The -project is _located. in; a --manmade canal; Class III . -.
Waters, adjacent to -Queen Bess C�ourt,.Fort Pierce (Section 14- Township 34 South; Range 40
East), in St. Lucie County (Latitude N 279 30' 53.55'-';.Longitude W 801? 18'-54.19').
Your request has' been reviewed to .determine Whether it qualifies for (1). regulatory exemption, (2)
- - proprietary authorization .(related -to sate=owned submerged lands), ;and (3) federal- approval. that
- may be necessary.for- Work in wetlands or waters of the. United. States..
Your project. qualifies: for all: three'. However, this- letter: does: not: relieve y0A from: -the
responsibility of obtaining other federal; state, or lo-cal authorizations ihat-may be required for .the:.
activity:
1: Regulatory Review — VERIFIED
Based on the. information- submitted, t e Department has verifiedthat-the.-act ivities as proposed are
exempt under Chapter'62-330:051(5)(b), Florida Administrative Code, from the need to.obtain a.
regulatory permit under, part IV of Chapter 3 73:of the Florida Statutes.
This .exemption .verification is based) on. the information you .provided. the. Department :and the .
statutes and'rules-in'.effect- wlien.the' infoririation-was-submitted. This verification will e?epireafter ...
one --year., and will not be'valid:at any othera time if site conditions materially change;:the project .
www, deo: state, A us-
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File No.:. 56-0180468-004-.EE
File Name: =Governale
Page 2 of 5
design is:modified, or the statutes br.rules governing the exempt activity are amended-. However,.the
activity may still. be conducted without further. notification 'to. or verification from the Department
after -the one=year, ex piration.ofthis verification; proyided:.l) theprojectdesign'does.not.ehange; 2)
site conditions do. not materially change;. and'3) there are -no changes to the -statutes or rules. governing
the.exempt act vity:..In the eventyou need -to re4erify the. exempt status for the. activity aftei -the one-
year expiration of this verification,: anew application.and -verification fee will be .required: Any
substantia.I modifications to :the-projectdesign should be.submitted. to the. Department forreview; as
:changes may result in. a permit :being: required. -Conditions :of compliance with: the regulatory
exemption -are contained in Attachment A.
-2.' Proprietary Review —'NOT. REQUIRED
The -activity does not: appear. to be location. on sovereign submerged lands; and. does not:require:
further authorization under..chapter. 253- of the Florida -Statutes; .or chapters. 18-20 .or 1-8-2.1 of the
Florida Administrative .Code:. . . .... ...
3. Federal Review —. SPGP APPROVED .
- Your. proposed: activity as -outlined on your application and :attached. drawings. qualifies for. Federal -
authorization pursuant .to.*the State .Programmatic General. Permit V,. and.'a separate .permit or. .
authorization will not.be. required from the Corps. Please -note that.the Federal authorization expires
on July. 26, 2021. You, as permittee; are required to adhere -to- all. General Conditions and Special
Conditions that:may. a apply: your r ject. A:co, y'ofthe:SPGP V.with all:terms.and=conditions=
pp p- p
and the General Conditions may be found: at-
http://www.sai.usace.gM-mil/Portals/44/does/regulatory/sourcebook/permitting/ e� neral_permits/
SPGP/SPGP V=Permit%o201nstrum6nt:!Complete.pdPver=20.16--07-27-.071925.-250.
Authority for review -_ an agreemet .with 'the USACOB .entitled "-Coordination_ Agreement . .
Between.the:U._ S; Army Corps of Engineers Qacksonville.District) and the:Florida Department of
Environmental `Protection; or -Duly Authorized Designee; State -Programmatic General Permit", -
Section 10 of the Rivers and Harbor, ct of 1899, and.Section 404 of the Clean - Water Act. .
Additional Information
Please retain this letter, The activities) may be inspected. by authorized. state personnel:in the future
to insure compliance with- appropriate statutes and administrative codes..If:the activities are not an
compliance, you maybe subject to penalties under_Chapter 373; F.S.,.and Chapter 18=14;-F.A.C: -
.NOTICE OF RIGHTS
This action is final and -effective on the date filed -with the Clerk-ofthe Department. unless a:petition
for ail administrative hearing. is: timely:filed.under. Sections-120:569 and 120.57,.F:S., before the
deadline ,for filing a --petition. On the -filing. of -a timely and sufficient petition; this action will not
be final and effective until further .order of.the.Department: Because.the.'administrative. hearing.
process -is designed :to formulate _final agency action; the. filing: of a. petition means. that the
Department's- final action may be- different from the position otaken-by `it in this notice.
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File No.: 56- 180468-004=EE.
File Natne::Governale
Page 3 of 5
-Petition for -Administrative -Hearin
A" person" whose .substantial interests are affected:by the Department's =action may petition for an
administrative proceeding (hearing) under'Sections 120.569 and 120:57; F:S-..:Pursuant to Rule'28 -
106.201, F;A.C.; a petition for an administrative hearing must contain. the' following information: .
(a) The.. name .and address :of ;each :agency; :affected and: each..-agericy_s:--file._ or
identification number,: if known;:
(b) The name, address, any, email address, any facsimile number" 'arid telephone number- "
of the petitioner;- the name, " address, and -telephone number of the -petitioner's -
representative, :if any, which shallbe the- address for. service_purposes during the course of
the proceeding and an. explanation .of how. the petitioner's substantial .interests are or will"
be affected by the agency determination; - - - -
(c) Astatement of when:and�how the.petitioner recerved-noti' 6 ofthe:agency:decision; .
(d)" .. " A statement:of all. disputed issues.of material fact. If there are none; the petition'
must so indicate;
(e): A concise'statement of -the _ultimate facts alleged; including the specific facts that
the petitioner contends warrant reversal or rodification of the agency's proposed action;
(f) . A statement of. the specific rules: or statutes. that - the petitioner contends - require
reversal. or modification of the. agency's proposed action,-including'.an explanation. of how
the alleged facts relate to -the specific rules .or:statutes .arid
A :statement: of the relief sought by the :petitioner, stating precisely. the action that
the -petitioner wishes the .agency to take with respect to the agency's proposed action.
The petition "must. be filed (received by the .Clerk) :in the Office .of . General Counsel 'of the
Dep4rtment.at:3900. Commonwealth -Boulevard; Mail .Station 35,.Tallahassee; Florida 32399-3000. _
Also; a copy of the petition shall be mailed to the_ applicant at. the address. indicated .above at the "
time of filing:
Time Period for Filing a Petition
G
1n accordance with:Rule '62-110..106(3), F.A.C.,:.petitions for an. administrative hearing by. the
applicant must. be filed within" 2I days. of.receipt. of this. written notice.. Peftions'.filed- by -any .
persons other .than I the applicant;..and :other. Ahan _those:entitled-to-'written notice- under. -Section
W. 120.60(3) F. S.: must be filed within.21 .days of publication.of the -notice' or within-21 days of receipt
of the written notice, whichever occurs=first;Under-Section 120.60(3); F.S.; however,any'person•
who has asked the Department for notice 'of. agency- action may file a petition. withiri.21: days: of .
receipt of such notice, regardless of the dateef. publication. The failure.io file a petition within the
appropriate time period shall constitute a waiver of that person's rightto an administrative.
determination"(hearing) under Sections 120.569.and 120:57,RS.,._or to inter-vene:in this.proceeding
and participate a$ a party'to it.: Any: subsequent iritervention:(in a: proceeding initiated by-atiothe.r
party) : will- be only at the discretion of the presiding officer upon the -filing- of a motion- in
compliance with -Rule 28-1-06.205; F IA:C.
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!. .
File No 56=0180468-004=EE
File Name: Govemale "
Page 4 of.5
Extension of Time,
.
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Under Rule-62=110.10.6(4); F.-A.-C., {{ a :person whose substantial: interests are affected by: the
Department'.s action may.also requesi an extension -of time -to file a:petition for an:administrative
hearing: The Department may; -for -good cause shown, grant the. request for -an. extension':of time.
Requests. for extension of time must be filed with the.Office- of General Counsel of the Department
at 3900 Commonwealth. Boulevard, all. Station 35; Tallahassee,Florida 3.2399-3000, before the
applicable deadline-. for filing a-pelition..for an.. administrative. hearing. A_ timely request- .for
extension of time, shall: toll the running: -of the time .period "for: filing: a petition until :the request: is
acted upon.
Mediation
Mediation IS' not available in this 'moceedina.
FLAWAC Review
The applicant; or any party within `tie meaning: of Section 37.3:114(1)(a) or.373.4275;`F.S.,:rriay . .
also seek: appellate. review of this order before the. Land and. Water-Adjudicatory Commission
under- Section 373:114(1) -or 373.4275; F-.S: Requests -for'.review before the -Land -and Water-
Adjudicatory. Commission -must be -filed with the Secretary-of:the.Commission and served on. the
Department Within.20-days from the - ate when the brder.is filed with the Clerk of the Department:
Judicial Review .
Any.party to .this action has -the right to seek'judicial review pursuarit.to.Section :120:68,-F:S.; by
.filing a Notice of Appeal pursuant: to Rules-9.110:and 9.1:90,.Florida Rules of Appellate Procedure,
with the:Clerk: of the Departnient� in the Office- of General Counsel.- 3900- Commonwealth.
Boulevard, M-.S. 35, Tallahassee; F1orida32399-3000; and by filing a copy. of the.Notice. of Appeal
accompanied by the applicable :filig fees- with the .appropriate .District .Court. of Appeal. The
-Notice of'Appeal must- be filed within 30-.daysfrom ,the- date :this. action is filed -with the_ .Clerk of -
the Department. !
Thank you for applying to the: Submerged Lands and Environmental Resource Permit Program. If
you have. any questions regarding this matter, -please contact Huy Tran-at the -letterhead address or
at (561.) 681-6651 or by.emHu7dep:s:us aff.at yTran(atate.fl.
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Executed:in Orlando, Florida..
ESTATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
-Monica Sovacool
.
Environmental Manager
Southeast -District
Attachment A
Chapter 62-330.051 Exempt Activities.
The activities meeting the limitations and restrictions below are exempt from permitting. However,
if located in, on, or over state-owned submerged lands, they are subject to a separate authorization
under Chapters 253 and 258, F.S., and Chapters 18-18, 18-20, and 18-21, F.A.C., as applicable.
(5) Dock, Pier, Boat Ramp and Other Boating -related Work —
(b) Installation of private docks, piers, and recreational docking facilities, and installation of
local governmental piers and recreational docking facilities, in accordance with Section
403.813(1)(b), F.S. This includes associated structures such as boat shelters, boat lifts, and roofs,
provided:
1. The cumulative square footage oFall structures located over wetlands and other surface waters
does not exceed the limitations in Section 403.813(1)(b), F.S.,
2. No structure is enclosed on more than three sides with walls and doors,
3. Structures are not used for residential habitation or commercial purposes, or storage of
materials other than those associated with water dependent recreational use; and,
4. Any dock and associated structure shall be the sole dock as measured along the shoreline for
a minimum distance of 65 feet, unless the parcel of land or individual lot as platted is less than 65
feet in length along the shoreline, in rhich case there may be one exempt dock allowed per parcel
or lot.
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General Conditions for Federal Authorization for SPGP V
The time limit for completing the work authorized ends on July 26, 2021.
2. You must maintain the activity
with the terms and conditions c
abandon the permitted activity,
compliance with General Cond
authorized activity or should yc
obtain a modification of this nc
3. If you discover any previously
the activity authorized by this
found. We will initiate the Fed
warrant a recovery effort or if 1
Places.
4. If you sell the property assoc
owner on the enclosed form
transfer of this authorization.
uthorized by this permit in good condition and in conformance
this permit. You are not relieved of this requirement if you
lthough you may make a good faith transfer to a third party in
ion 4 below. Should you wish to cease to maintain the
. desire to abandon it without a good faith transfer, you must
nit from this office, which may require restoration of the area.
known historic or archeological remains while accomplishing
nit, you must immediately notify this office of what you have
1 and State coordination required to determine if the remains
site is eligible for listing in the National Register of Historic
d with this permit, you must obtain the signature of the new
forward a copy of the permit to this office to validate the
5. If a conditioned water quality certification has been issued for your project, you must comply
with the conditions specified in the certification as special conditions to this permit.
6. You must allow representatil
deemed necessary to ensure 1
terms and conditions of your
Further Information:
1. Limits of this authorization.
from this office to inspect the authorized activity at any time
it is being or has been accomplished in accordance with the
a. This permit does not obviate the need to obtain other Federal, State, or local authorizations required
by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any i jury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal projects.
2. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any
liability for the following: j
a. Damages to the permitted project or�uses thereof as a result of other permitted or unpermitted
activities or from natural causes.
i
b. Damages to the permitted project or; uses thereof as a result of current or future activities undertaken
by or on behalf of the United States in the public interest.
c. Damages to persons, property, or to ;other permitted or unpermitted activities or structures caused by
the activity authorized by this permit.
d. Design or Construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of this permit.
3. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not
contrary to the public interest was made in reliance on the information you provided.
4. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any
time the circumstances warrant. Circumstances that could require a reevaluation include, but are not
limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false,
incomplete, or inaccurate (see 3 above).
c. Significant new information surfaces which this office did not consider in reaching the original
public interest decision.
5. Such a reevaluation may resultiin a determination that it is appropriate to use the suspension,
modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as
those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the
issuance of an administrative order requiring you comply with the terms and conditions of your permit
and for the initiation of legal action where appropriate. You will be required to pay for any corrective
measures ordered by this office, and if �ou fail to comply with such directive, this office may in certain
situations (such as those specified in 33 CER 209.170) accomplish the corrective measures by contract
or otherwise and bill you for the cost. I -
6. When the structures or work authorized by this permit are still in existence at the time the
property is transferred, the terms and conditions of this permit will continue to be binding on the new
owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated
with compliance with its terms and conditions, have the transferee sign and date the enclosed form.
1
7. The Permittee understands and agrees that, if future operations by the United States require the
removal, relocation, or other alterationll, of the structures or work herein authorized, or if, in the opinion
of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required,
upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural
work or obstructions caused thereby, without expense to the United States. No claim shall be made
against the United States on account of any such removal, relocation or alteration.
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Department of the Army Permit Transfer for SPGP V
PERMITEE: 1
i
PERMIT NUMBER: DATE:
ADDRESS/LOCATION OF
When the structures or work
is transferred, the terms and
owner(s) of the property. All
To validate the transfer of this 1
compliance with its terms and c
U.S. Army Corps of Engineers,
32232-0019.
(Transferee Signature) (Date)
(Name Printed)
(Street address)
(Mailing address)
(City, State, Zip Code)
orized by this permit are still in existence at the time the property
itions of this permit will continue to be binding on the new
;h the construction period for works authorized b�Department of
and the associated responsibilities associated with
)ns, have the transferee sign and date below and mail to the
cement Branch, Post Office Box 4970, Jacksonville, FL
STANDARD: MANATEE DI CONTIONS FOR IN-WATER:WORK
..
2011 :.
The permiftee shall: comply with the following conditions: intended to protect manatees from. direct
project effects:
-a: -All personnel associated with the project -shall. be instructed aboutthe presence of manatees.
anti manatee speed zones, and:the .need:to:adoid .collisions: with and .injury: to manatees:
The permittee. shall advise -all construction personnel -that .there- are civil -arid "-crimirial
.... ..... .. .
penalties for. harming,. harassing,, or killing. manatees -which are protected .under the.Marine.: .
Mammal Protection'Act;-the Endangered Species Act, and' -the Florida Manatee Sanctuary
Act.
�..
b. _ All vessels associated with the . construction project shall operate at "idle Speed/No Wake"
at.all`times'while in the. immediate. area and while-in.water where1he'.draft.of.the vessel
provides .less .than a .four=foot, clearance from the .bottom. AII vessels will' follow routes of,
deep water whenever possible,
. .c. ,Siltation-or.turbidity barriers shall be made of material: in which manatees- cannot become
entangled; shall be..properly_secured.; andshall:be:regularly:monitored to -avoid manatee
entanglement. or entrapment. Barriers -must -not impede-manatee.movement.--
d. - Al[ on -site: project personnel: are responsible for observing water -related activities for: the
presence of manatee(s)..Ail".in-wateroperations; including vessels, must be 'sh-utdown'.if.a-
=manatee(s) comes within 50 :feet: of :the: operation.: Activities :will : not resume :until: the
manatee(s.) has moved beyond the-50-fobt radius of the.project.operation, oruntil 30.minutes
elapses if the manatee(s):has not reappeared within:50 feetof:the.operation. Animals must. - -
not be herded away or harassed into,leaving:
`e.- Any collision .with` or injury to a -manatee shall be.repoited immediately to. the FWC'Hotline'
at A-888-404-3922. Collision and/or injury should also. be reported-to-the-.U.S.' Fish and
Wildlife Service in Jacksonville.(.1-904-731=33.36.) for.north.Florida. or'Vero.Beach.(1-772-
562-3909.) for south Florida, and.to FWC.at-ImperiledSpecies@myFWG.com...
'f.:. Temporarysigns concerning anatees shall be.posted prior:to and during -all in-waterproiect
activities. All signs are to b . removed. by the, permittee upon completion of the project. .
Temporary:signs that -:have already been. approved-- for..this -use. by- the 'Florida: Fish. and:
Wildlife Conservation Commission (.FWC) must be used: (see MyFWC.com/manatee). One
sion_whichreads Caution:_Boaters,must be:posted.'A§econd sign.measuring _at least 81/2"
by 11" explaining; the requirements for ."Idle Speed/No Wake" and the shut down_ of in -water
operations must. be:'posted `in :a location prorninently.visible--to: all :personneI :engaged ln. .
water=related activities.'Quest{ions concerning these signs can:be sent -to the email address
listed -above:
a
Southeast -Regional -Office . .
n uth -263.13tti Ave- ue�So -
St.:Petersburg- F_L 3370:1
SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS
The permittee-shall comply with the following -protected species -construction conditions:
a. The permittee shall instruct all personnel associated with the project of.the potential presence of these
species and the need to .avoid collisions. with sea turtles and. smalltooth_ sawfish.:. All construction. "
... personnel are responsible for observing water -related actiyitiesfor the presence of.these.species..
b. The permittee .shall advise all construction personnel. that there .are -civil* and criminal penalties for . .
harming;harassing, or killing. sea turtles or smalltooth .saw. igh, -which. are. protected- under. the
Endangered Species Act of 1973: -
c... Siltation barriers shall be made -of material in which a sea turtle.or smalltooth sawfish cannot become
entangled, be properly secured, and --be regularly monitored -to avoid protected species entrapment.
Barriers may not block sea turtle -or smalltooth sawfish entry to or exit from designated critical. habitat
without prior agreement from the National:Marine Fisheries.Service-'s:Protected'Resources Division,.
St.. Petersburg, Florida:
d. All vessels associatedwiththe construction project -shall operate -at "no wake/idle" speeds at allaimes
while in --the construction area and while in water depths where -the draft of :the vessel provides less
than a four -foot clearance from the bottom. All vessels will preferentially follow deep -water routes
(e.g. - marked channels) whenever possible:
e. If a .sea turtle or smalltooth sawfish -is seen -within 100 yards, of the, active daily construction/dred ,
operation or, vessel movement, i all:, appropsriate .precautionshall 'be " implemented A.o- ensure its
protection. These precautions shall. 'include cessation. of operation of any :moving. equipment closer
than 5.0 feet of a sea turtle or smalltooth. sawfish..Operation of any mechanical construction_equipment
shall cease -immediately 'if a sea turtle or smalltooth sawfish.is .seen within a .50-ft radius. of the
equipment.. -Activities may -not resume -until the.protected species. has: departed the project.area: of its
own volition.
f. Any collision with and/or. injuryto a sea turtle -or smalltooth sawfish shall -be reported immediately to
the National .Marine Fisheries :Service':s Protected Resources Division (727' 824-5312) .and the local
authorized sea turtle stranding/rescue organization.
g. Any special construction conditions; required of. your -specific- project, outside these general
conditions, if applicable, will be addressed in the primary- consultation:
h. Any collision(s) with and/or injuries to any whale, or sturgeon -occurring during the construction of a
project, shall .be reported immediately to.NMFS's Protected Resources Division (PRD)-at (727-824-
5312):
i. Reports to NMFS's Protected _Resources -Division (PRD)- may _ be. made by. email to
takereport.rimfsser[a�,noaa.gov:.. .
j. Sea turtle- and -marine strandirig%riescue organizations' contact information is. available byregion at:
http--//www.mnfs:noaa.gov/pr/hea4th/networks.htm.
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Marine & Environmental Consulting Date: 1/25/18:
120 QUEEN BESS COURT .:. SEAlfonsoAve. Port&.Lucic;FL34952
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FORT PIERCE JERN OUTH.NET
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120 QUEEN BESS COURT
FORT PIERCE
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Marine &. Environmental'Consulting
2537SEAlfon§oAvc. Port St. Lucie, FL34952
PIL(772)283,2950
JERNEMBELLSOUTHNET
D4te: 1125118
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